Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Limitation Act, 1908

Section: 5,12(2)

(a) Civil Procedure Code (V of 1908)--- ---S.115---Limitation Act (IX of 1908), Ss. 5 & 12(2)---Revision---Oral request for condonation of delay---Exclusion of time consumed in obtaining certified copies of impugned and decree---Judgment was passed on 28-5-2007---Decree was framed on 5-7-2007---Application for obtaining certified copy of and decree was presented on 28-5-2007---Costs/fees of certified copies were deposited on 30-10-2007---Certified copies were supplied on 1-11-2007---Revision was filed on 29-1-2008---Validity---Applicant being aware of and decree, was duty bound to deposit costs in time, but he remained careless and negligent in respect of his own interest---Applicant after receiving and decree remained silent for a long time without any sufficient cause---No one could be blamed or burdened for such delay, except applicant himself---Oral request for condonation of delay could not be allowed and delay on its basis could not be condoned---Each and every day had to be explained and there must be a sufficient reason as to what were those circumstances due to which applicant could not approach Court in time---Revision petition was dismissed for being time barred. Mullah Ahmed v. Assistant Commissioner Sibi and 7 others 1986 SCMR 1624; Noor Hussain v. Muhammad Salim 1985 SCMR 893 and Rafique Ali v. Kaleem Zia Khawaja and another 2000 CLC 1997 rel. (b) Limitation Act (IX of 1908)--- ---S.5---Delay, condonation of---Scope---Duty of applicant to explain each and every day by showing sufficient cause as to what were those circumstances due to which he could not approach Court in time---Applicant had to prove his own case and he could not be benefited on weakness of other side, if any---Duty of applicant to be conscious in respect of his interests and approach to Court without any delay and in case of failure, he must suffer and no one could be made responsible therefor---Principles. (c) Limitation Act (IX of 1908)--- ---S. 5---Oral request for condonation of delay---Validity---Such request could not be allowed and delay on its basis could not be condoned. Mullah Ahmed v. Assistant Commissioner Sibi and 7 others 1986 SCMR 1624 rel. THIS JUDGMENT…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492